Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 29199
THIRD DIVISION Docket No. SG-28890
92-3-89-3-300
The Third Division consisted of the regular members and in addition
Referee William E. Fredenberger, Jr. when award was rendered.
(Brotherhood of Railroad Signalmen
PARTIES TO DISPUTE:
(CSX Transportation, Inc. (former C60)
STATEMENT OF CLAIM: "Claim on behalf of the General Committee of the
Brotherhood of Railroad Signalmen on the Chesapeake
and Ohio Railway Company (CSO):
(a) Carrier violated the parties' Schedule Agreement, as amended,
particularly the intent of Seniority Rule 33 and Awarding Positions Rule 52,
when on April 18, 1988, Division Engineer Rahmes issued Award Bulletin No.
SIGRI-88-1 A reading in pertinent part: ' . . . position of Signal Maintainer
with headquarters at Sabot, VA is cancelled account of no qualified bidders.'
(b) As a consequence of the above violation, Carrier should now be
required to issue a correction to Richmond Seniority District Bulletin SIGRI88-1 A dated April 18, 1
Independently to D. M. Megginson, ID No. 619980, and pay Claimant Megginson
the difference between Signalman/Signal Maintainer rate of pay of $14.13 per
hour and the rate of ;,ay of Signal Maintainer Working Independently of $14.20
per hour, including all overtime accruing to the involved position.
(c) Inasmuch as this is a continuing violation, said claim is to be
retroactive 60 days from date of filing (May 9, 1988) and is to continue until
such time as Carrier takes necessary corrective action to comply with violation cited in part (a) an
15-33 (88-40) G.C. File 88-25-CD.
FINDINGS:
The Third Division of the Adjustment Board, upon the whole record
and all the evidence, finds that:
The carrier or carriers and the employe or employes involved in this
dispute are respectively carrier and employes within the meaning of the
Railway Labor Act as approved June 21, 1934.
This Division of the Adjustment Board has jurisdiction over the
dispute involved herein.
Parties to said dispute waived right of appearance at hearing
thereon.
Form 1 Award No. 29199
Page 2 Docket No. SG-28890
92-3-89-3-300
On March 14, 1988, the Carrier advertised the position of Independent
Signal Maintainer headquartered at Sabot, Virginia. There were three appli
cants for the position, including Claimant who under Agreement provisions was
the senior applicant. By letter of April 18, 1988, the Carrier cancelled the
advertisement asserting that there were no qualified bidders for the position.
The Claim in this case was filed on May 9, 1988, and on July 13,
1989, the Carrier again advertised the position but the Claimant did not bid.
The Claim was denied and the Organization appealed the denial to the
highest officer of the Carrier designated to handle such disputes who also
declined the Claim on the basis that Claimant was not qualified for the position. The Claim was then
Rule 25 of the Agreement provides in pertinent part that "[E[mployees
assigned to or filling vacancies on Independent Signal Maintainer positions
. . . will respond promptly when called." The Rule also provides that the
incumbent of that position will be called first for work outside regularly
assigned hours and contemplates that an employee generally will be available
for such work. Claimant resided in Charlottesville, Virginia, 62 miles and
one and one-half hours travel time from Sabot. Additionally, Claimant lived
fifty-three miles from the west end of the territory and seventy-one miles
from the east end. For that reason the Carrier refused to accept Claimant's
bid for the position.
In the final analysis, the record of handling on the property submitted to this Board by the parties
as presented. It follows that the Claim in this case has no merit.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest:
Nancy J. r - Executive Secretary
Dated at Chicago, Illinois, this 7th day of May 1992.